Judgment by confession, without action, may be entered by the clerk of the district courts in this state in term time or in vacation, in the manner hereinafter prescribed.
History: Laws 1889, ch. 20, § 1; C.L. 1897, § 3077; Code 1915, § 3071; C.S. 1929, § 76-102; 1941 Comp., § 19-909; 1953 Comp., § 21-9-9.
Cross references. — For partner not authorized to confess judgment for partnership, see 54-1-9 NMSA 1978.
For prohibition against confessed judgments in retail installment sales, see 56-1-5 NMSA 1978.
Cognovit statute held not to abrogate warrant of attorney. — The cognovit statute (39-1-9 to 39-1-15 NMSA 1978) does not cover the same field as that occupied by the common-law practice of taking judgments upon warrant of attorney, and does not impliedly or otherwise abrogate such practice. First Nat'l Bank v. Baker, 1919-NMSC-009, 25 N.M. 208, 180 P. 291.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments § 228 et seq.
Necessity that warrant of attorney to confess judgment state amount, 7 A.L.R. 735.
Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.
Warrant of attorney to confess judgment signed by two or more as joint, or several, or joint and several, 89 A.L.R. 403.
Validity and effect of cognovit or warrant of attorney to confess judgment in conditional sale contract, 89 A.L.R. 1106.
What law governs validity of warrant or power of attorney to confess judgment, 19 A.L.R.2d 544.
Payment by obligor on note or other instrument containing warrant of attorney to confess judgment as the contending time within which power to confess may be exercised, 35 A.L.R.2d 1452.
Validity and enforceability of judgment entered in sister state under a warrant of attorney to confess judgment, 39 A.L.R.2d 1232.
Necessity, in order to enter judgment by confession on instrument containing warrant of attorney, that original note or other instrument and original warrant be produced or filed, 68 A.L.R.2d 1156.
Agent's authority to execute warrant of attorney to confess judgment against principal, 92 A.L.R.2d 952.
Requirements as to signing, sealing and attestation of warrants of attorney to confess judgments, 3 A.L.R.3d 1147.
Enforceability of warrant of attorney to confess judgment against assignee, guarantor or other party obligating himself for performance of primary contract, 5 A.L.R.3d 426.
49 C.J.S. Judgments §§ 160, 165.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.